Possible red flag?

[imse82 45]

Anyone got their citizenship through naturalization then their marriage didn't work out and now petitioning someone from their original country? Please share your experience and if this caused and delay in the process? And how long your marriage last?

[NigeriaorBust 4,087]

There is a prohibition for you to use the I 130 if you got your green card less than 5 years ago through marriage to a USC. You can apply for a waiver. If it has only been a few years past the 5 year mark expect them to look closely at both your new and your old relationship. They will want to make sure that the new relationship did not exist during the old one ( the you did not use a USC for a green card ) If it has been 10 years or more there shouldn't be an issue.

[imse82 45]

There is a prohibition for you to use the I 130 if you got your green card less than 5 years ago through marriage to a USC. You can apply for a waiver. If it has only been a few years past the 5 year mark expect them to look closely at both your new and your old relationship. They will want to make sure that the new relationship did not exist during the old one ( the you did not use a USC for a green card ) If it has been 10 years or more there shouldn't be an issue.

My marriage lasted 5 years and three months. I thought the five years restriction only applies to GC holders not US citizens because it states in the instructions "A period of five years has elapsed since you became a lawful permanent resident". Am I wrong?

Edited October 6, 2013 by imse82

[NigeriaorBust 4,087]

If you are over the 5 years then you are ok for that ( it applies to both, if you got your USC at 3 years you still are under the 5 year restriction) If you are only a little out of the 5 year mark expect them to look to see that you didn't have the relationship before you divorced.

[imse82 45]

My new relationship started before my divorce was final but few months after my USC wife left and asked for divorce. Just don't want the slow enough process get even slower will see how it goes I assume.

[wisegeek 8]

not sure if you will find this useful, but below AFM explains to the adjudicating officer how to treat cases - above 5 years should be mostly OK:

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

[imse82 45]

not sure if you will find this useful, but below AFM explains to the adjudicating officer how to treat cases - above 5 years should be mostly OK:

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

I will get my divorce finalized in the next few weeks however the 5 years anniversary of my LPR status is in January 2014 so will be couple months short.